BVA Case 91-504: Back

In decisions dated September and December 1974, the RO denied entitlement to non-service-connected pension; those decisions did not address the issue of service connection.

In an August 1978 decision, the Board found that chronic obstructive lung disease had not been shown to be present until many years after service and denied service connection.

In a January 1991 decision, the Board denied entitlement to service connection for COPD.

In February 1993, the RO again denied service connection, concluding that "the medical information that we received in reply to the [Court's] remand of your claim does not constitute new and material evidence".

In an April 1993 written presentation to the BVA, the veteran's representative argued that the preponderance of the evidence was in the veteran's favor and urged the Board to award service connection.

In the July 19, 1993, decision here on appeal, the Board determined that the claim was well grounded and that new and material evidence, in the form of private physician statements opining that the veteran's COPD had begun in service, had been presented.

The Board noted that, although the RO had determined that new and material evidence had not been presented, "we do not believe the veteran has been prejudiced in any way in the presentation of his claim by this determination.

The Board stated as follows: It is clear from the veteran's substantive appeal that he disagrees with the RO's determination that the additional evidence was not new and material, but he has also presented contentions and arguments regarding the merits of his claim.